Back
Gujarat High Court
Judgename :R.J.SHAH
SIYARAM GOPICHAND GUPTA - Appellant
Versus
STATE - Respondent
CRIMINAL REVISION APPLICATION 218 of 1989
Decided On : 10/03/1989
Held: It was next urged by Mr. Shethna that remand at this late stage cannot be asked for even for discover of any muddamal articles. When as many as almost nine months have passed in between. It cannot be gainsaid that time factor is likely to come in the way or investigation. At the same time, however, it has to be appreciated it is always a difficult task to discover the truth when scheming minds are at work almost fat cross-purposes. To an extent, in such there is a battle of wits and to the extent, that scheming minds are successful in the design, greater will be the time that would be required during investigation. If the facts alleged by the complainant are true, then present is a very serious matter where about Rs.21 lakhs have been swindled out from the pockets of the complainant in a systematic fraud which at this stage seems to be faultless both in design and execution. Moreover, it is also to be noted that the investigating-agency bad a very short time in matters such as this to deal with the accused after having been granted remand and that too under strict conditions. The aforesaid, therefore, will not be a ground on which the application for fresh remand can be turned down.
An anxiety was also expressed by Mr. Shethna that the fresh remand order would only be utilised by the investigating agency to compel the accused to produce the documents which might ultimately incriminate the accused. It goes without saying that no such compulsion could be practised even when a person is on remand. It cannot be presumed that experienced investigating agencies would over-step their authority in their zeal to discover the truth from a person on remand. The contents of the fresh application for remand clearly show that there are many aspects to be investigated in order to reach at the truth of the affair in question. This aspect, therefore cannot assist the present applicants.
It was also urged by Mr. Shethna that in order to trace out the persons who bad links with the accused, the remand cannot be asked for. There cannot be any such absolute proposition to be followed during investigation. It also happens at times that during investigation, the investigating agency comes across material which tend to point in the direction that the transactions with the accused were honest businesses transactions. Investigation does not and cannot mean that by hook or crook material only against the accused has to be gathered. At the same time, investigation also means that where suspicion is aroused regarding the transactions in question, then it becomes the duty of the investigating agency to the probe aravenues with the view to reach the truth.
(Paras 16 to 18)
(ii) Criminal Procedure Code, 1973 - Section 167- Prayer for remand to police custody at late stage - Cannot be refused merely on the ground that police may use third degree brutalities - However, recent Indian history does not permit it- The first obligation of the Criminal Justice System is to secure justice by seeking and substantiating truth through proof. (Paras 20 & 21)
Result: Revision dismissed
( 1 ) THE above Criminal Revision Applications are directed against the order dated 19-6-1989 passed by the Chief Judicial Magistrate Junagadh below Ex. 3 in Prabas Patan Police Station Crime Register No. 100 of 1989.
( 2 ) THE facts leading to the present applications are as under: A first information report was lodged on 8-10-1988 by one Gyanchandra Trikamdas Bhanudas against Chimanlal Bhaichandbhai Limbachiya; Badriprasad Shankerlal Maniar; Siyaram Gopichand Gupta; Rajendraprasad Gopichand Gupta Bupendra Munnalal Shah; and Dhanpal Babulal Shah of Krishna Trading Company. The aforesaid Chimanlal Bhaichandbhai Limbachiya has filed aforesaid Criminal Revision Application No. 219 of 1989; aforesaid Siyaram Gopichand Gupta Rajendraprasad Gopichand Gupta and Bupendra Manharlal Shah have filed aforesaid Criminal Revision Application No. 218 of 1989; aforesaid Badriprasad Shankerlal Maniar has filed aforesaid Criminal Revision Application No. 220 of 1989; and aforesaid Dhanpal Babulal Shah has filed the aforesaid Criminal Revision Application No. 282 of 1989 It was alleged in the F. I. R. that the complainant Gyanchandra was doing business in the name of Somnath C. S. Agency and was having agencies regarding Soda Ash and Cement. The office of the said complainant has been situated in Patan in G. I. D. C. estate since last shout 1 1/2 years. He was getting goods i. e. Soda Ash from Tata Chemicals Mithapur and Cement from Kamdar Cement Factory. The mode of business was that the complainant was obtaining orders from different parties and was informing said Tata Chemicals Mithapur and Kamdar Cement Factory and the company was directly supplying goods to the parties concerned while making out the bill in the name of the complainant as Agent. In turn the complainant agency made not a bill in the name of the parties to whom the goods were supplied directly. The payment of the goods supplied was received by the complainantagency from the party concerned and according to the terms and conditions the complainant made payment to one or the other aforesaid companies which supplied the goods at the instance of the complainant.
( 3 ) ACCORDING to the complainant there was Krishna Trading Company which was doing business near Sarkhej-Sanand Railway Crossing With the said Krishna Trading Company the complainant had business transactions since four to five months regarding soda ash According to the complainant aforesaid Chimanlal Bhaichandbhai Limbachiya Badriprasad Shankarlal Maniar Siyaram Gopichand Gupta Rajendraprasad Gopichand Gupta Bupendra Munnalal Shah and Dhanpal Babulal Shah who wore managing the affairs of said Krishna Trading Company were placing orders either by telephone or by post and as per the information given by the complainant to aforesaid Tata Chemicals Mithapur goods were supplied to Krishna Trading Company and in the beginning as per the terms the payment was also received by draft and thus confidence of the complainant was secured by aforesaid six persons
( 4 ) AS stated in the aforesaid F I R towards the end of August 198 said Chimanlal Bhaichand Limbachiya bad a telephone talk with the complainant that in the month of September 1988 he was in need of 1000 tons of Soda Ash and the payment thereof would be made within 15 to 20 days The complainant came to Ahmedabad in the beginning of September 198b and had contacted the office of Tata Chemicals Mithapur at Ahmedabad Accompanied by Shri K. S. Kelkar Officer of the Tata Chemicals at Ahmedabad be had gone to the premises of Krishna Trading Company at Sarkhej and bad contacted said Chimanlal Bhaichand Limbachiya Said Chimanlal had accused at that time that if his Company was given goods weighing 1000 tons of Soda Ash on credit the payment would be made within 15 days from the date of receipt of the said goods The complainant relying on the said assurance decided to sell 500 tons of Sods Ash over and above the regular supply of Soda Ash which was continuing till the
SupremeToday
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
